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DWD Worker Classification

UI Employer Services

Unemployment Insurance - Worker Classification

Indian Tribal Government

Part 1: Direction and Control

The first part of the two part test to determine if a worker is an employee
or an independent contractor is "direction and control."

The purpose of this part of the test is to determine if the worker is operating free from the direction and
control of the employer. If the worker is found not to be free of the employer's
direction and control the worker is an employee and not an independent
contractor.

Factors to be considered when determining if the individual is free from the
direction and control of the employing unit may include:

Factor One: Whether the individual is
required to comply with instructions concerning how to perform the services

Factor Two: Whether the individual receives
training from the employing unit with respect to the services performed

Factor Three: Whether the individual is
required to personally perform the services

Factor Four: Whether the services of the
individual are required to be performed at times or in a particular order or
sequence established by the employing unit

Factor Five: Whether the individual is
required to make oral or written reports to the employing unit on a regular
basis

The department has provided the following tools for each of the five factors
to assist with the analysis of each of the factors:

An explanation of each of the five factors

Cases studies relevant to each of the five factors based upon cases
decided by the Labor and Industrial Review Commission (LIRC), Wisconsin
Circuit Courts, and Wisconsin Appellate Courts

A hyperlink to the LIRC Decision Digest for each of the five factors
containing additional cases for review by the employer